Civil Society

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  • First Sector – Market (Tools & Mechanism: Fiscal policy, Monetary policy)
  • Second Sector – Government Machinery & Tools (Fundamental Rights, DPSP, Preamble, Separation of Power, Constitutional, Non-Constitutional & Extra Constitutional Body).
  • Third Sector – Civil Society
  • Civil society refers to a wide variety of communities and groups such as non-governmental organizations (NGOs), labor unions, indigenous groups, charitable organizations, faith-based organizations, professional associations, and foundations that function outside of government to provide support and advocacy for certain people or issues in society (Ex: Like Media, & NGO’s Ex: Public Union Civil Society {Collect date on Criminalization}, Association for democratic Reform {Human Rights Watch}).
  • It was termed “third sector”, “social sector” or “volunteer land”
  • In general, “Civil society is generally defined, as the space, which is on realm of family, market, and state”.
  • Dipankar Gupta defines civil society, as “nothing but a set of conditions within, which individuals interact collectively with the state”.
  • “Working on Common interest of common people for common benefits”.
  • Civil society and the State are not opposite to each other. As Mahajan (1999) argues, both together will ensure social equality and nondiscrimination along with individual liberty.
  • Civil society is an autonomous space from society and the State. It is concerned with the common good where collective interest against particularistic sociocultural and economic interests have primacy. For that, it works and negotiates and, if necessary, confronts the State for the protection of citizens' rights and justice.
  • In a bid to create universal character, its membership has not only to open for everyone-female and male across caste and creed-but special be efforts need to be made in expanding its space for members of marginalized communities participation in the organizations and movements.
Meaning of Civil Society
  • "The definitions are changing as civil society is recognized encompassing far more than a mere 'sector' dominated by the NGO community:
  • Now civil society today includes an ever wider and more vibrant range of organized and unorganized groups, as new civil-society actors blur the boundaries between sectors and experiment with new organizational forms, both online and off line.
  • According to the World Bank: “Civil society ... refers to a wide array of organizations: community groups, non-governmental organizations (NGOs), labour unions, indigenous groups, charitable organizations, faith based organizations, professional associations, and foundations”.
(Naxalism & terrorism people are also work on common interest but they are not civil society, because civil society does not have state capture mentality, Civil Society has actively work with the state.)
  • Pressure Group (They are working for their common Interest – Socio-Economic Development. Ex: Facilitate Health, Education, Working for rights of Individual)
  • Advocacy Groups - Federation of Indian Chamber of Commerce and Industry (FICCI), Associated Chamber of Commerce and Industry of india (ASSOCHAM), Federation of All India Foodgrain Dealers Association (FAIFDA), etc.
  • Trade Unions - All-India Trade Union Congress (AITUC), Indian National Trade Union Congress (INTUC), Hind Mazdoor Sabha (HMS), Bharatiya Mazdoor Sangh (BMS)
  • Agrarian Groups- All India Kisan Sabha, Bharatiya Kisan Union, etc.
  • Student's Organisations- Akhila Bhartiya Vidyarthi Parishad (ABVP), All India Students Federation (AISF), National Students Union of India (NSUI)
  • Religious Groups - Rashtriya Swayam Sevak Sangh (RSS), Vishwa Hindu Parishad (VHP), Jamaat-e-Islami, etc.
  • Caste Group - Harijan Sevak Sangh, Nadar Caste Association, etc…
  • Linguistic Groups - Tamil Sangh, Andhra Maha Sabha, etc…
  • Tribal Groups - National Socialist Council of Nagaland (NSCN), Tril National Volunteers (TNU) in Tripura, United Mizo federal org, Tribal League of Assam, etc.
  • Ideology based Groups - Narmada Bachao Andolan, Chipko Movement, Women's Rights Organisation, India Against Corruption etc.
Roles & Responsibility
  • Roles are also changing: civil society actors are demonstrating their value as facilitators, conveners and innovators as well as service providers and advocates for the rights of the people.
  • The primary task of civil society is to work as a watchdog on the functioning of the State. Civil society has to be up in arms if the State violates the liberty of the citizens and imposes unlawful restrictions on individual autonomy. E.g. Amnesty International., Human rights Watch etc.
  • Helps in policy Formulation- Concurrently, social activists and NGOs monitor and evaluate government policies from their inception to implementation. In the process, they mediate between the State and various sections of society.
  • Grievance addressing agent - From time to time, it critically deliberates on various issues affecting the marginalized people, and articulates alternative policies and proposals for the empowerment of the have-nots.
  • Civil society's engagement in the political sphere is to negotiate and Influence the State, dominant classes and society at large to pursue the common goal from the perspective of the poor and exploited.
  • Capturing the State is not its agenda. That is left to the political par that sense, civil society is engaged in a non-party political process which is ongoing, irrespective of the party in power. Its function is to enlarge and strengthen democratic values and institutions.
  • When mobilized, civil society - sometimes called the "third sector" (after government and commerce) - has the power to influence the actions of elected policy-makers and businesses.
  • Ensuring Environmental protection, fight against Global warming and sustainable growth.
  • Its approach towards the sociopolitical power relationship is somewhat radical (broadly Gandhian/Socialist/Ambedkarist/feminist), and it strives for changing the power relationship in society: Radical civil society (RCS) or peripheral civil society).
According to a report "The Future Role of Civil Society" by Civicus in 2013, Civil Society roles are varied and can include
  • Watchdog: holding institutions to account, promoting transparency and accountability.
  • Advocate: raising awareness of societal issues and challenges and advocating for change.
  • Service provider: delivering services to meet societal needs such as education, health, food and security; implementing disaster management, preparedness and emergency response.
  • Expert: bringing unique knowledge and experience to shape policy and strategy, and identifying and building solutions.
  • Capacity builder: providing education, training and other capacity building.
  • Incubators: developing solutions that may require a long gestation or payback period. (Civil Society is used for Piolet implementation of Scheme).
  • Representative: giving power to the voice of the marginalized or under represented.
  • Citizenship champion: encouraging citizen engagement and supporting the rights of citizens.
  • Solidarity supporter: promoting fundamental and universal values.
  • Definer of standards: creating norms that shape market and state activity.
Characteristics of Civil Society
  1. It consists of non-state institutions.
  2. It consists of a plethora of organizations and institutions outside facility state, and market.
  3. It is an organized society.
  4. It is voluntary.
  5. It is autonomous body.
  6. It is a nonprofit entity.
  7. It enables citizen's interaction with the state, thus, facilitating citizen participation in the governance process.
Civil society in India
  • Civil society in India is largely equated with voluntary organizations of the more colloquially used term, NGO, or Non-Governmental Organization.
  • The Central Statistical Institute of India announced in about 2009 there were 3.3 million NGOs registered in India or literally one NGO for every 400 Indian citizens. (TN, Andhra Pradesh, Gujarat highest number of SHG & NGO’s).
  • It recent time it was estimated that NGO in India has nearly 3.4 million, working in a variety of fields ranging from disaster relief to advocacy for marginalised and disadvantaged communities.
NPOs or CSOs usually take one of three legal forms:
  • Public charitable trust
    • three or more trustees may form and govern a public charitable trust such trust may be established for a number of purposes, including poverty relief, education, medical relief, the provision of facilities for recreation, or any other objective of general public utility.
    • The laws governing charitable trusts and societies vary from state to state. Most states have their own "Public Trusts Act.
    • In states that do not have a Trusts Act, the principles of the Indian Trusts Act of 1882 apply, and such trusts are registered under the Indian Registration Act 1908.
  • Society or non-profit
    • Society is a nonprofit membership organization, formed by seven or more members for a literary, scientific, or charitable purpose.
    • A society is usually managed by a governing council or a managing committee.
    • The definition of "society" and the scope of its permissible purposes may vary somewhat based on the relevant state law, though most state laws are based on the Central Societies Registration Act of 1860.
  • Registration of the Companies Act
    • Section 8 company is a nonprofit company established for any on for more purpose/s: "the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any other object."
    • Section 8 companies may be incorporated either as private or public.
    • A private company is formed by two or more members who by default serve on the governing board as directors.
    • Unlike trusts and societies, which are generally subject to state law, nonprofit companies are governed by the Central Indian Companies Act 2013.
Activities
An NPO must pursue a "charitable purpose" according to the definition provided by the Income Tax Act 1961. Section 2(15) of the Act 1961 states that "charitable purpose" includes:
    • Relief of Poor
    • Education & yoga
    • Medical relief
    • Preservation of the environment (including watersheds, forests and wildlife)
    • Preservation of monuments or places or objects of artistic or historic interest
    • The advancement of any other object of general public utility.
  • NPO or CSOs in India may not engage in political campaign activities not undertake a range of advocacy activities related to legislative processes.
  • Should not involve Terrorism, Drug cartel, Human trafficking and should act as a threat to the national security or Sovereignty of a nation.
Informal Organizations
  • An Indian organization is not required to form a legally recognized entity, and may instead establish an informal organization.
  • However, such organizations would not enjoy tax exemptions, and donors to such organizations would not receive tax deductions on their donations.
  • Most institutional donors, be they companies or foundations, prefer to fund registered entities.
NGO-DARPAN to register Organisation
  • The NGO-DARPAN started out as an initiative of the Prime Minister Office, to create and promote a healthy partnership between VOS/NGOs and the Government of India.
  • The Portal is managed at present by NITI Aayog.
Objective:
  • To receive tax exemptions, organisations must make a Unique ID on this Portal.
  • The portal, with a little over 1 lakh registrations, collects data about funding through CSR, central ministries, state governments and FCRA.
  • NITI Aayog also insists on GIS mapping of NGOs' projects and is working on DARPAN 2.0.

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